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Citation
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Judgment date
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| December 2019 |
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Unfair termination upheld; court reduced and revised excessive, unreasoned monetary awards by the CMA.
Labour law – unfair termination – procedural and substantive fairness; Remedies under s.40 Employment and Labour Relations Act – compensation; General and special damages – requirement of proof and justification; Need for reasoned awards by arbitrators; Revision of excessive arbitration awards.
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31 December 2019 |
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Leave to appeal granted where proposed grounds show reasonable prospects and disturbing features needing Court of Appeal guidance.
Appellate procedure – Leave to appeal under s.5(1)(c) Appellate Jurisdiction Act – test: reasonable prospects of success or disturbing features requiring Court of Appeal guidance. Civil procedure – award of interest – whether appellate court may grant interest not raised in memorandum of appeal and without hearing. Contract law – interpretation and effect of loan agreement clause on borrower’s duty to notify lender of events affecting repayment (e.g., theft).
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31 December 2019 |
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Appeal allowed where trial tribunal failed to evaluate appellant's village-allocation evidence and respondent did not prove source of title.
Land dispute; proof of title in village/customary land; failure to call material witness; nemo dat quod non habet; duty to evaluate evidence; appellate intervention where trial tribunal misapplies credibility and evaluation principles.
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31 December 2019 |
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Appeal dismissed: child witness competency and medical evidence sufficed; DNA unnecessary, relatives’ testimony acceptable.
Criminal law – Child witness competency – voire dire doctrine replaced by competency inquiry; PF3 admissibility – DNA not always necessary; relatives as witnesses – credibility test; accused’s right to be addressed on case to answer; conviction for unnatural offence upheld.
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31 December 2019 |
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Respondent’s possession of allegedly forged documents required a trial, not a no-case-to-answer acquittal.
Criminal law – Forgery and uttering false document – Prima facie case – Possession of allegedly forged public documents as basis to call accused to open defence – Role of documentary discrepancies and witness evidence – Absence of handwriting expert not necessarily fatal.
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31 December 2019 |
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A temporary injunction requires a pending suit and compliance with statutory pre-suit notices; application dismissed.
Civil Procedure – Temporary injunction – Requirement of a pending main suit before granting interlocutory injunction – Order XXXVII, Rules 1 & 2 CPC. Government Proceedings – Pre-suit notice – 90-day notice to Attorney General under section 6(2) Government Proceedings Act. Local Government – Pre-suit notice – 30-day notice to Municipal Council under section 190(1) Local Government (District Authorities) Act. Competence – Chamber summons for injunction where statutory notices and pending suit absent – application incompetent.
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31 December 2019 |
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Delay awaiting court‑supplied certified copies constituted sufficient cause for an extension to seek leave to appeal.
Civil procedure – Extension of time – Application under s.11(1) Appellate Jurisdiction Act – applicant must show sufficient cause. Extension criteria – Lyamuya guidelines: account for delay; not inordinate; diligence; point of law/illegality. Delay caused by awaiting court‑supplied certified copies of proceedings, ruling and drawn order can constitute sufficient cause. Alleged illegality in the impugned decision is not ordinarily determined at the extension stage.
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31 December 2019 |
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Appellate court quashed rape conviction due to circumstantial gaps and reasonable doubt despite competent child identification.
Criminal law – Rape – Evidence of a child witness – Voir dire and competence under section 127(2) Evidence Act. Criminal law – Circumstantial evidence – requirement for corroboration and temporal clarity. Medical evidence – presence/absence of sperm/discharge and its probative value. Burden of proof – prosecution must prove guilt beyond reasonable doubt; gaps create reasonable doubt.
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31 December 2019 |
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Buyer entitled to restitution and damages where seller failed to clear and deliver vehicle; unsupported daily loss award quashed.
Contract law – Sale of goods (motor vehicle) – failure to clear and deliver – breach of contract. Remedies – restitution in integrum under section 73 Law of Contract Act; damages and interest. Evidence – requirement of proof for loss of use awards; unsupported daily compensation quashed.
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31 December 2019 |
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Desire or ability to engage counsel does not justify transferring a Primary Court matrimonial proceeding.
Civil procedure – Transfer of proceedings under Magistrates' Courts Act s47 – wish to engage counsel or financial ability is not good/ sufficient cause to transfer. Jurisdiction – Law of Marriage Act s76 and Civil Procedure Code s13 – matters must be instituted in the lowest competent court. Transfer is for preventing miscarriage of justice, not for accommodating a party's desire for legal representation.
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31 December 2019 |
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Non‑compliance with child‑witness safeguards and unreliable corroboration rendered the rape conviction unsafe.
Evidence — Child witness — Section 127(2)–(3) Evidence Act — non‑compliance vitiates testimony and necessitates corroboration. Corroboration — Interested witness/hearsay — cannot safely corroborate child’s evidence. Medical evidence — Absence of hymen not conclusive proof of rape. Criminal appeal — unsafe conviction — conviction quashed.
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31 December 2019 |
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Preliminary objections to a bill of costs dismissed; substituted advocate properly served and objections lacked merit.
Advocates Remuneration Order (G.N. 264/2015) – Order 55(4) – Bill of costs – Proper naming and service of advocate – Substitution of counsel – Competence to be taxed – Preliminary objections dismissed with costs.
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31 December 2019 |
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Appellant acquitted where cautioned statement expunged and lone nighttime visual identification found unreliable.
Criminal law – Arson: sufficiency of identification and admissibility of confession. Evidence – Cautioned statement: inadvisable for arresting/investigating officer to record confession; such statements may be expunged. Evidence – Visual identification at night: witness must give detailed aids to identification (source of light, proximity, duration, description). Standard of proof – prosecution must exclude reasonable doubt; where confession is expunged and ID unreliable, conviction cannot stand.
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31 December 2019 |
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Applicant’s medical treatment constituted sufficient cause; court granted extension to file appeal under s.14(1) Law of Limitation Act.
Extension of time – s.14(1) Law of Limitation Act – application may be made before or after prescribed period; Lyamuya criteria apply; Law of Marriage Act silent on extensions – general limitation law governs; ill-health/medical treatment can constitute sufficient cause for delay.
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31 December 2019 |
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Review dismissed where alleged board resolution was unpleaded, unmarked and of doubtful authenticity, so counterclaim rightly struck out.
Review — apparent error on face of record — requirement that documents relied on must be pleaded and properly marked as annexures; corporate authority — board resolution must be authentic and properly before the court to support a counterclaim; standards for review under section 78(1) and Order XLII CPC.
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31 December 2019 |
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Applicant's review dismissed where alleged board resolution in WSD was unpleaded, unmarked and unauthenticated.
Civil procedure — Review under section 78(1) and Order XLII — apparent error on face of record. Company/representation — requirement of board resolution or authority for a company to sue or counterclaim. Pleadings — necessity to plead and properly mark annexures; authentication of documentary exhibits. Review standard — court will not revisit findings where documents are unpleaded, unmarked or unauthenticated.
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31 December 2019 |
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Applicant granted 30-day extension to file appeal after diligent attempts to obtain judgment copies caused the delay.
Civil procedure — Extension of time to appeal — Application under s.14(1) Law of Limitation Act and Order XXI r.24(1) CPC — Requirement of sufficient cause and exercise of judicial discretion (Mumello v Bank of Tanzania). Delay caused by inability to obtain judgment/records — diligence in following up as sufficient cause. Omnibus applications — court may ignore unrelated relief (stay of execution) and decide only on extension. Costs to abide the outcome of the intended appeal.
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31 December 2019 |
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Bank's claim and defendants' counterclaim dismissed for failure to prove indebtedness and special damages.
Contract law – Lease and hire-purchase/credit facilities; lender repossession and retention of insurance indemnity; requirement to replace insured asset. Proof of debt – necessity to specify principal, interest, payments and proceeds; special damages must be specifically pleaded and proved (O. VIII r.14(2)(a) Civil Procedure Code). Counterclaim – refund of down payment and insurance premiums; failure of proof. Remedy – dismissal where both plaintiff and defendant fail to prove their claims.
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31 December 2019 |
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Bank breached lease by retaining insured vehicle and failed to prove precise outstanding debt; counterclaim unproven.
• Contract/Lease – breach by lender for retention/failure to restore insured vehicle; effect on lessee's performance. • Repossession – wrongful taking during subsisting lease where lender defaulted in obligations. • Evidence – requirement to specifically prove special damages and to quantify outstanding debt. • Counterclaim – refund claims must be specifically proved; absence of particulars defeats relief.
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31 December 2019 |
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Alibi notice must precede prosecution; reliable daytime visual identification can sustain conviction for defilement of an imbecile.
Criminal law – Defilement of an imbecile – Visual identification evidence – Standards for reliance on eyewitness identification; Criminal Procedure Act s.194(4)–(6) – Requirement to give notice of alibi before prosecution case; Role of medical evidence in proving penetration and victim's mental incapacity.
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31 December 2019 |
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An extension to file a certificate of points of law requires the applicant to specify the points; failure to do so warrants dismissal.
Appellate procedure – extension of time – application under s.11(1) Appellate Jurisdiction Act – requirement to state points of law for certification; Procedure – extension and certification to be argued together; Legal representation – advocate’s error does not cure applicant’s duty to specify points of law.
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31 December 2019 |
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A payroll agent who failed to remit statutory deductions was liable to reimburse the principal for amounts paid to authorities.
Contract law – payroll/agency agreement – failure to remit statutory deductions constitutes breach; unpaid statutory remittances recoverable by principal; allegation of late funding does not excuse non-remittance where agent received funds; unsigned draft agreement not enforceable as contract.
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30 December 2019 |
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Appellant failed to prove ownership; court upheld tribunal finding that respondent lawfully owns the disputed land.
Land law – ownership dispute – burden of proof in civil claims – party alleging ownership must prove on balance of probabilities; tribunal’s duty to analyze evidence; validity of land allocation where claimant failed to pay agreed compensation.
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30 December 2019 |
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A party cannot re‑raise a preliminary objection already decided by the same court; matter proceeds to taxation on merits.
Costs — taxation of bill of costs — amendment of bill — validity of amendments — preliminary objection — res judicata and functus officio — Deputy Registrar’s prior ruling binding — remedy by reference to Judge.
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30 December 2019 |
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Extension of time granted where the applicant promptly acted and showed sufficient cause after learning of the judgment by execution notice.
Limitation — extension of time under Section 14(1) Law of Limitation Act — 'sufficient cause', diligence and promptness — discovery of judgment via execution notice — earlier incompetent application and immediate refiling.
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30 December 2019 |
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Applicant failed to prove procedural irregularity; ex-parte ruling not set aside, application dismissed with costs.
Procedure — Setting aside ex-parte ruling — Order IX r.13 CPC; Evidence — burden on party alleging procedural irregularity; Need for affidavit or corroborating evidence (e.g., court clerk); Failure to appear/advocate negligence not automatically sufficient to set aside ex-parte order.
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30 December 2019 |
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High Court dismissed an incompetent revision filed instead of an appeal, noting revisional jurisdiction is limited and legal aid exists.
Civil procedure — Revisional jurisdiction — Competence of revision where right of appeal exists — Locus standi of non‑party — Financial inability and legal aid (Legal Aid Act s.21(1)) — Alleged attachment of matrimonial/residential property not adjudicated due to procedural incompetence.
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27 December 2019 |
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Court revoked administrator’s grant where a later petition was filed while an earlier petition was pending and documents were fraudulent.
Probate law – Letters of administration – Revocation where a later petition is filed while an earlier probate proceeding is pending (res sub judice). Validity of supporting documents – Allegations of fraud/fabrication in meeting minutes as ground to vitiate a grant. Caveat and priority of petitions – earlier petition has priority over subsequent filings.
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27 December 2019 |
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A court may review its judgment on admission where an apparent error exists because alleged admissions were ambiguous.
Civil procedure – Review under Order XLII(1)(b) – sparing exercise; mistake apparent on the face of the record required for review. Judgment on admission – requires clear, unambiguous admissions and compliance with scheduling orders. Functus officio – judge may review own decision where an apparent error is discovered. Use of persuasive foreign authorities permissible if consistent with domestic law.
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27 December 2019 |
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District Court had jurisdiction over a lease-investment dispute; general damages reduced from Tshs 80M to Tshs 50M.
Civil procedure – jurisdiction – commercial dispute arising from lease – District Court’s jurisdiction under Magistrates’ Courts Act s.40(3). Civil procedure – pecuniary jurisdiction – commercial vs land jurisdictional limits. Evidence – documentary exhibits – procedural endorsement not fatal where authenticity undisputed. Damages – general damages must be fair, not punitive or for enrichment; appellate reduction of excessive awards. Interest – court’s discretion to award post-judgment interest (12% upheld).
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27 December 2019 |
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Appellant failed to show sufficient cause or diligence for a 10‑year delay; extension to set aside ex‑parte judgment denied.
Extension of time – setting aside ex‑parte judgment – sufficiency of cause and diligence required – illegality as ground for extension but subject to promptness – failure of service/notice – appellate review of discretionary extensions.
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24 December 2019 |
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High Court jurisdiction upheld for print-media defamation; plaint discloses cause of action and objections overruled.
Media Services Act – interpretation of 'may' and special forum – whether statutory scheme ousts ordinary court jurisdiction in defamation claims. Civil procedure – cause of action – sufficiency of plaint and annexures in defamation pleadings. Pleadings – Order VI Rule 3 – when alleged lack of conciseness renders a plaint fatally defective. Preliminary objections – test for overruling and proceeding to substantive hearing.
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24 December 2019 |
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Applicants charged with economic offences granted bail subject to EOCCA s36 security and statutory conditions.
Criminal procedure – Bail – Economic offences – Bail is a constitutional right; court may grant bail for bailable economic offences. Economic and Organized Crime Control Act s36(5) – security equal to half the value of money/property involved where offences involve actual money or property. Apportionment – where multiple accused are involved the required security may be shared among them (Court of Appeal sharing principle). Bail conditions – surrender of passports, movement restrictions, deposit of cash or title deed, sureties, execution of bail bond, periodic reporting and court appearances.
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24 December 2019 |
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24 December 2019 |
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Court set aside dismissal for want of prosecution due to court clerk’s misdirection and unclear directives to an unrepresented applicant.
Civil procedure – dismissal for want of prosecution – setting aside dismissal under Order IX Rule 4 CPC – court clerk’s misdirection and unclear directives as sufficient cause – protection of lay/unrepresented litigants.
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24 December 2019 |
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Appellate court ordered valuation and equal division of matrimonial assets after trial court failed to value and properly divide them.
Family law – Division of matrimonial property – duty to value assets and ascertain contribution before division; ex-parte judgment set aside – hearing de novo; reception of prior evidence by subsequent judicial officer – Order XVII/ XVIII of Civil Procedure Code; Section 114 Law of Marriage Act – valuation and equal division (50/50) of property acquired during marriage.
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24 December 2019 |
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Message to one person is not ‘publication’ under Cyber Crimes Act; prosecution failed to prove falsity and intent, appeal dismissed.
Criminal law – Cyber Crimes Act s.16 – publication requires communication to the public; sending message to one person is not publication; evidential weight vs admissibility of exhibits; false report to public officer – burden to prove falsity and resultant misuse of power; police investigative duty and improper treatment of complainant as suspect.
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23 December 2019 |
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Charge was proper; failure to voir dire a child witness was error but conviction upheld due to victim’s affirmed and medical evidence.
Criminal law – Rape of a girl under 18 – Charge validity; Evidence – tender‑aged witness and requirement of voir dire; Victim’s affirmed testimony and medical evidence as sufficient corroboration (s.127(6) Evidence Act).
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23 December 2019 |
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Court struck out suit for defective pleadings, failure to join necessary parties and expired speed-track, though not barred by res judicata.
Civil procedure — striking out — defective pleadings and late supplementation of documents; expiration of court-imposed speed-track timetable without extension. Res judicata — earlier judgment concerning debt recovery and sale of mortgaged property did not bar a separate claim for restoration of title. Joinder — necessity to join creditor/purchaser and Ministry officials where title deed possession is contested. Remedies — potential impossibility of specific performance where documentary possession is uncertain.
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23 December 2019 |
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A court must consider good cause before striking out a late written statement of defence; extension discretion exists within 21 days.
Civil procedure – Order VIII Rules 1 & 2 – time for filing Written Statement of Defence – court's discretion to extend time within 21 days after expiry; application must show good cause. Civil procedure – striking out documents filed out of time – court must consider reasons for delay before striking out. Procedural rules as handmaids of justice – exercise of discretion to promote substantive justice. Appealability – order denying filing of a defence is appealable as it deprives party of right to be heard.
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23 December 2019 |
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Appeal allowed: unsafe visual identification and failure to comply with mandatory seizure procedures rendered convictions unsafe.
Criminal law – Visual identification – identification evidence held unreliable where witnesses gave no description and contradicted each other on lighting; Waziri Amani standard applied. Evidence – Exhibits and seizure – mandatory compliance with section 38(3) Criminal Procedure Act; absence of seizure receipt undermines admissibility/authenticity. Procedure – Tendering exhibits – improper tendering by complainant of items allegedly in police custody vitiates prosecution case.
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20 December 2019 |
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Attachment before judgment requires specific identification and estimated value of property; failure warrants striking out the application.
Civil procedure – attachment before judgment – Order XXXVI Rule 6(2) – mandatory requirement to specify property and estimate value; failure to identify assets renders application vague and liable to be struck out; ex parte applications and costs.
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20 December 2019 |
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Attachment-before-judgment application struck out for failing to specify property and provide estimated value as required.
Attachment before judgment; Order XXXVI Rule 6(2) Civil Procedure Code — mandatory specification and estimated value of property; ex parte application; failure to specify/estimate justifies striking out to prevent wrongful or vague attachments.
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20 December 2019 |
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Court struck out bail application because money laundering is a non-bailable offence and charge defects must be tried.
Bail – money laundering – non-bailable offence under section 148(5)(a)(v) CPA; Jurisdiction – High Court cannot determine charge defectiveness during bail application; Section 29(4)(d) EOCCA does not empower determination of charge competence in bail proceedings; Challenges to charges to be addressed at trial.
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20 December 2019 |
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Conviction quashed where night-time identification, unread cautioned statement and broken chain of custody undermined prosecution case.
Criminal law - visual identification at night; identification parade required where witnesses are strangers; cautioned statements must be read over to accused after admission; exhibits require proved chain of custody; forensic/telecom evidence needed to substantiate mobile-money transfers; conviction unsafe where prosecution fails to prove case beyond reasonable doubt.
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20 December 2019 |
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Conviction quashed where unreliable night identification, improperly read cautioned statement and unproven exhibit undermined the prosecution's case.
Criminal law – Armed robbery – Visual identification at night – adequacy of description, source/intensity of light and need for identification parade; Evidence – Cautioned statement – requirement to read admitted exhibit over to accused; Evidence – Exhibits and chain of custody – necessity to list stolen items in charge sheet and prove uninterrupted custody; Digital evidence – need for forensic/telecom proof of mobile-money transfer to implicate accused; Burden of proof – prosecution must prove guilt beyond reasonable doubt.
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20 December 2019 |
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Non-resident plaintiff failed to prove sufficient Tanzanian immovable property; court ordered US$500,000 security for costs.
Security for costs – Order XXV Rule 1(1) CPC – non-resident foreign company – Certificate of Compliance not proof of residency – sufficiency of immovable property – burden of proof under Section 112 Evidence Act – exercise of discretion requires adequate materials/skeleton costs – quantum of security – banker's guarantee permitted.
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20 December 2019 |
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Application for leave to appeal struck out for citing a non-enabling provision; matter found incompetent.
Criminal procedure – leave to appeal – competence of application – requirement to cite correct enabling provision (Court of Appeal Rules). Court of Appeal Rules, r.44(1)(a) – misapplication/incorrect citation – renders application incompetent. Applications improperly moved – procedural non-compliance – struck out. Costs – not awarded in criminal matter.
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20 December 2019 |
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Applicant entitled to bail because the law in force at the time made the offence bailable (value below threshold).
Bail — applicability of law in force at time of offence; Drugs Act s.27(1)(b) — value-based threshold for non-bailability; Later Drugs Act amendments — weight-based thresholds not applied retrospectively; Constitutional protection — Article 13(6)(c) prohibits heavier penalties or restrictive measures after commission of offence; CPA s.148(5)(a)(ii) not applicable to deny bail in these circumstances.
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20 December 2019 |
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Court granted temporary injunction preventing sale of perishable maize consignment pending trial, finding irreparable loss.
Civil procedure – interim injunction – Atilio v Mbowe test: prima facie case, irreparable injury, balance of convenience. Mortgage law – scope of mortgagee’s power of sale vis-à-vis assets not shown as collateral. Perishable goods – risk of irreparable loss and need for release to mitigate damage. Temporary relief – limited injunction pending determination of main suit.
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20 December 2019 |